Legislation
SECTION 5
Coverage
Volunteer Ambulance Workers' Benefit (VAW) CHAPTER 64-B, ARTICLE 2
§ 5. Coverage. 1. The duties and activities in relation to which
benefits shall be paid and provided pursuant to this chapter are:
a. Necessary travel to, working at, and necessary travel returning
from an accident, alarm of accident, or other duty to which his
ambulance department, ambulance company, or any unit thereof, either has
responded or would be required or authorized to respond, including
necessary travel during such work or incidental thereto.
b. While, within the state, personally assisting another ambulance
department, ambulance company, or any unit thereof, including, after his
services have been duly accepted, necessary travel to and returning from
such work and necessary travel during such work or incidental thereto.
c. While, within the state and pursuant to orders or authorization,
performing duties at the ambulance facility, or elsewhere, directly
related to; (1) the prevention of accidents or other disasters, or (2)
the delivery of emergency health care.
d. While, within this country or in Canada and pursuant to orders or
authorization, instructing or being instructed in ambulance duties,
attending a training school or course of instruction for ambulance
workers, or attending or participating in any noncompetitive training
program, including necessary travel directly connected therewith.
e. While, within the state, any adjoining state or in Canada and
pursuant to orders or authorization, attending or participating in any
drill, parade, funeral, inspection or review in which his ambulance
department, ambulance company, or any unit thereof, is engaged,
including necessary travel directly connected therewith.
f. While, within the state and pursuant to orders or authorization,
attending or working at meetings of his ambulance department or
ambulance company, or any organized unit thereof, at the ambulance
facility or other regular or special headquarters of the department,
company or unit, including necessary travel directly connected therewith
other than travel to or returning from such meetings.
g. While, within the state and pursuant to orders or authorization,
working in connection with the construction, testing, inspection, repair
or maintenance of (1) the ambulance facility and the fixtures,
furnishings and equipment thereof, and (2) the ambulance vehicles,
ambulance apparatus and equipment used by the ambulance department,
ambulance company, or other unit thereof, including necessary travel
directly connected therewith other than travel to or returning from such
work.
h. While, within the state, any adjoining state or in Canada and
pursuant to orders or authorization, practicing for, or participating as
a contestant or an official in, any competitive tournament, contest or
public exhibition conducted for ambulance workers which is intended to
promote the efficiency of the ambulance department, ambulance company or
any unit thereof, including necessary travel directly connected
therewith other than travel to and returning from such practice. The
actual rendition of ambulance or other emergency service shall not be
deemed "practicing" within the meaning of this paragraph.
i. While, pursuant to orders or authorization, engaged in the
inspection of ambulance vehicles and ambulance apparatus prior to
delivery under a contract of purchase, or performing duties in relation
to the delivery thereof, including necessary travel directly connected
therewith.
j. While, within this country or Canada and pursuant to orders or
authorization, attending a convention or conference of ambulance workers
or ambulance officers as the authorized delegate or representative of
his ambulance department, ambulance company or any unit thereof,
including necessary travel directly connected therewith.
k. While, within the state and pursuant to orders or authorization,
working in connection with a fund raising activity of his ambulance
company, including necessary travel directly connected therewith, but
shall not include competitive events in which volunteer ambulance
workers are competitors, such as baseball, basketball, football,
bowling, tugs of war, donkey baseball, donkey basketball, boxing,
wrestling, contests between bands or drum corps, or other competitive
events in which volunteer ambulance workers are competitors and which
involve physical exertion on the part of the competitors.
l. While, within the state, performing duties in an area other than
his or her own related to the delivery of emergency health care prior to
the arrival of the ambulance department, ambulance company, or any unit
thereof that is responsible for the provision of such care in that area,
provided that the volunteer ambulance workers' municipality, ambulance
department, ambulance company, or any unit thereof, adopts a resolution
granting coverage for such duties. Upon the arrival of the ambulance
department, ambulance company, or any unit thereof responsible for
emergency health care in the area, such volunteer ambulance worker shall
be entitled to benefits in the manner set forth in paragraph b of this
subdivision.
2. Benefits shall not be paid and provided pursuant to this chapter in
the following instances:
a. Work or service rendered by a volunteer ambulance worker while on a
leave of absence pursuant to the general municipal law or pursuant to
any other general, special or local law, charter or ordinance or
pursuant to the constitution, by-laws, rules or regulations applicable
to the ambulance company or ambulance department of which he is a
member.
b. Practice for and participation in any recreational, social, or fund
raising activity other than a fund raising activity for which coverage
is provided under paragraph k of subdivision one of this section.
c. Work or service rendered by a volunteer ambulance worker while
suspended from duty pursuant to any general, special or local law,
charter or ordinance or pursuant to the constitution, by-laws, rules or
regulations applicable to the ambulance company or ambulance department
of which he is a member.
d. Work or service not rendered as a volunteer ambulance worker, but
rendered as an officer, official or employee of a public corporation or
any special district thereof, whether with or without remuneration, even
though by law a requirement for such office, position or employment
shall be that such officer, official or employee shall have been or must
be a volunteer ambulance worker.
e. Work or service not rendered as a volunteer ambulance worker, but
rendered in the course of his employment for a private employer.
f. Work, service or activities in which the volunteer ambulance worker
has been ordered not to participate.
This subdivision shall not be deemed to enumerate all of the
activities engaged in by volunteer ambulance workers for which mandatory
coverage is not provided by this chapter, or to prohibit any of the
activities described in this subdivision, or to prevent the securing of
insurance pursuant to section four thousand two hundred thirty-seven of
the insurance law to cover volunteer ambulance workers when engaged in
activities other than those for which mandatory coverage is provided by
this chapter.
benefits shall be paid and provided pursuant to this chapter are:
a. Necessary travel to, working at, and necessary travel returning
from an accident, alarm of accident, or other duty to which his
ambulance department, ambulance company, or any unit thereof, either has
responded or would be required or authorized to respond, including
necessary travel during such work or incidental thereto.
b. While, within the state, personally assisting another ambulance
department, ambulance company, or any unit thereof, including, after his
services have been duly accepted, necessary travel to and returning from
such work and necessary travel during such work or incidental thereto.
c. While, within the state and pursuant to orders or authorization,
performing duties at the ambulance facility, or elsewhere, directly
related to; (1) the prevention of accidents or other disasters, or (2)
the delivery of emergency health care.
d. While, within this country or in Canada and pursuant to orders or
authorization, instructing or being instructed in ambulance duties,
attending a training school or course of instruction for ambulance
workers, or attending or participating in any noncompetitive training
program, including necessary travel directly connected therewith.
e. While, within the state, any adjoining state or in Canada and
pursuant to orders or authorization, attending or participating in any
drill, parade, funeral, inspection or review in which his ambulance
department, ambulance company, or any unit thereof, is engaged,
including necessary travel directly connected therewith.
f. While, within the state and pursuant to orders or authorization,
attending or working at meetings of his ambulance department or
ambulance company, or any organized unit thereof, at the ambulance
facility or other regular or special headquarters of the department,
company or unit, including necessary travel directly connected therewith
other than travel to or returning from such meetings.
g. While, within the state and pursuant to orders or authorization,
working in connection with the construction, testing, inspection, repair
or maintenance of (1) the ambulance facility and the fixtures,
furnishings and equipment thereof, and (2) the ambulance vehicles,
ambulance apparatus and equipment used by the ambulance department,
ambulance company, or other unit thereof, including necessary travel
directly connected therewith other than travel to or returning from such
work.
h. While, within the state, any adjoining state or in Canada and
pursuant to orders or authorization, practicing for, or participating as
a contestant or an official in, any competitive tournament, contest or
public exhibition conducted for ambulance workers which is intended to
promote the efficiency of the ambulance department, ambulance company or
any unit thereof, including necessary travel directly connected
therewith other than travel to and returning from such practice. The
actual rendition of ambulance or other emergency service shall not be
deemed "practicing" within the meaning of this paragraph.
i. While, pursuant to orders or authorization, engaged in the
inspection of ambulance vehicles and ambulance apparatus prior to
delivery under a contract of purchase, or performing duties in relation
to the delivery thereof, including necessary travel directly connected
therewith.
j. While, within this country or Canada and pursuant to orders or
authorization, attending a convention or conference of ambulance workers
or ambulance officers as the authorized delegate or representative of
his ambulance department, ambulance company or any unit thereof,
including necessary travel directly connected therewith.
k. While, within the state and pursuant to orders or authorization,
working in connection with a fund raising activity of his ambulance
company, including necessary travel directly connected therewith, but
shall not include competitive events in which volunteer ambulance
workers are competitors, such as baseball, basketball, football,
bowling, tugs of war, donkey baseball, donkey basketball, boxing,
wrestling, contests between bands or drum corps, or other competitive
events in which volunteer ambulance workers are competitors and which
involve physical exertion on the part of the competitors.
l. While, within the state, performing duties in an area other than
his or her own related to the delivery of emergency health care prior to
the arrival of the ambulance department, ambulance company, or any unit
thereof that is responsible for the provision of such care in that area,
provided that the volunteer ambulance workers' municipality, ambulance
department, ambulance company, or any unit thereof, adopts a resolution
granting coverage for such duties. Upon the arrival of the ambulance
department, ambulance company, or any unit thereof responsible for
emergency health care in the area, such volunteer ambulance worker shall
be entitled to benefits in the manner set forth in paragraph b of this
subdivision.
2. Benefits shall not be paid and provided pursuant to this chapter in
the following instances:
a. Work or service rendered by a volunteer ambulance worker while on a
leave of absence pursuant to the general municipal law or pursuant to
any other general, special or local law, charter or ordinance or
pursuant to the constitution, by-laws, rules or regulations applicable
to the ambulance company or ambulance department of which he is a
member.
b. Practice for and participation in any recreational, social, or fund
raising activity other than a fund raising activity for which coverage
is provided under paragraph k of subdivision one of this section.
c. Work or service rendered by a volunteer ambulance worker while
suspended from duty pursuant to any general, special or local law,
charter or ordinance or pursuant to the constitution, by-laws, rules or
regulations applicable to the ambulance company or ambulance department
of which he is a member.
d. Work or service not rendered as a volunteer ambulance worker, but
rendered as an officer, official or employee of a public corporation or
any special district thereof, whether with or without remuneration, even
though by law a requirement for such office, position or employment
shall be that such officer, official or employee shall have been or must
be a volunteer ambulance worker.
e. Work or service not rendered as a volunteer ambulance worker, but
rendered in the course of his employment for a private employer.
f. Work, service or activities in which the volunteer ambulance worker
has been ordered not to participate.
This subdivision shall not be deemed to enumerate all of the
activities engaged in by volunteer ambulance workers for which mandatory
coverage is not provided by this chapter, or to prohibit any of the
activities described in this subdivision, or to prevent the securing of
insurance pursuant to section four thousand two hundred thirty-seven of
the insurance law to cover volunteer ambulance workers when engaged in
activities other than those for which mandatory coverage is provided by
this chapter.